crystallise 2008/09 capital loss for tax, page-11

Dude - did you read the document Wingman posted the link to?!

Very clearly states that you can claim the loss. Read the 2nd last page. And the last page is all you need.

I assume you know how claiming for a capital loss works? You can't just make a claim against your income. You have to first have a capital gain to claim (e.g. sale of shares for a profit, sale of investment property for a profit). Then you may offset the capital loss of TMR against it. If you haven't made a capital gain for the year then you can't just lodge a claim for the loss. You can however hold on to the capital loss as long as you want until such time you have a capital gain for the year that you can offset your TMR loss against.